Chapter III CHAPTER III

CHAPTER III DEVELOPMENT PLAN 1[(a) Declaration of intention, preparation, submission and sanction to Development plan.]

1. (1) As soon as may be after the commencement of this Act, but not later than three years after such commencement, and subject however to the provisions of this Act, every Planning Authority shall carry out a survey, prepare an existing land-use map and prepare 2* a draft Development plan for the area within its jurisdiction, in accoradance with the provisions of a Regional plan, where there is such a plan 3[, publish a notice in the Official Gazette and in such other manner as may be prescribed stating that the draft Development plan has been prepared] and submit the plan to the State Government for sanction. The Planning Authority shall also submit a quarterly Report to the State Government about the progress made in carrying out the survey and preparing the plan.
2. (2) Subject to the provisions of this Act, every Planning Authority constituted after the commencement of this Act shall, not later than three years from the date of its constitution, 4[ 5[declare its intention to prepare a draft Development plan, prepare such plan and publish a notice of such preparation in the Official Gazette] and in such other manner as may be prescribed] and 6[submit the draft Development plan] to the State Government for sanction. 7[(3) On an application made by any Planning Authority, the State Government may, having regard to the permissible period specified in the preceding sections, from time to time, by order in writing and for adequate reasons to be specified in such order, extend such period.] (4)8[If the declaration of intention to prepare Development plan under section 23 is not made or if the draft Development plan is not submitted] to the State Government as aforesaid for sanction by any Planning Authority within the period specified or within the extended period, 9[the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer not below the rank of an Assistant Director of Town Planning nominated by him, as the case may be, may after declaring the intention, carry out necessary survey of the area and prepare an existing-land-use map in consultation with the Director of Town Planning and] 10[prepare such Development plan and publish a notice in the Official Gazette and in such other manner as may be prescribed stating that such plan has been prepared and submit it to the State Government for sanction,] and may recover the cost thereof from the funds of that Planning Authority, notwithstanding anything contained in any law relating to the said fund. Such officer shall exercise all the powers and perform all the functions of a Planning Authority which may be necessary for the purposes of preparing 11[a Development plan and publishing a notice as aforesaid and submitting it to the State Government for sanction]. 12[(4A) If at any stage of preparation of the draft Development plan, the time fixed under sections 13* 25, 26 14* and 30 for doing anything specified in the said sections lapses, the Planning Authority shall be deemed to have failed to perform its duty imposed upon it by or under the provisions of this Act and any work remaining to be done upto the stage of submission of the draft Development plan under section 30 shall be completed by 15[the concerned Divisional Joint Director or Deputy Director of Town Planning and Valuation Department or an officer nominated by him not below the rank of an Assistant Director of Town Planning, as the case may be.] The said officer shall exercise all the powers and perform all the duties of a Planning Authority which may be necessary for the purpose of preparing a Development plan and submitting it to the State Government for sanction and may, notwithstanding anything contained in any other law relating to the funds of the Planning Authority, recover the cost thereof from such funds:] 16[Provided that, the said Officer shall exercise all the power and perform all the duties of the Planning Authority within such period as may be specified by an order by the Director of Town Planning, having regard to the stage of preparation of Development plan : Provided futher that, the said period specified under the first proviso shall not exceed the original period stipulated under the relevant section.]
3. (5) If any local authority which is a Planning Authority is converted into, or amalgamated with, any other local authority or is sub-divided into two or more local authorities, the Development plan prepared for the area by that Planning Authority so converted, amalgamated or sub-divided shall, with such alterations and modifications, as the State Government may approve be the Development plan for the area of the new Planning Authority or Authorities into or with which the former Planning Authority is converted, amalgamated or sub-divided.

A Development plan shall generally indicate the manner in which the use of land in the area of a Planning Authority shall be regulated, and also indicate the manner in which the development of land therein shall be carried out. In particular, it shall provide so far as may be necessary for all or any of the following matters, that is to say,-

1. (a) proposals for allocating the use of land for purposes, such as residential, industrial, commercial, agricultural, recreational ;
2. (b) proposals for designation of land for public purpose, such as schools, colleges and other educational institutions, medical and public health institutions, markets, social welfare and cultural institutions, theatres and places for public entertainment, or public assembly, museums, art galleries, religious buildings and government and other public buildings as may from time to time be approved by the State Government ;
3. (c) proposals for designation of areas for open spaces, playgrounds, stadia, zoological gardens, green belts, nature reserves, sanctuaries and dairies ;
4. (d) transport and communications, such as roads, high-ways, park-ways, railways, water-ways, canals and air ports, including their extension and development ;
5. (e) water supply, drainage, sewerage, sewage disposal, other public utilities, amenities and services including electricity and gas ;
6. (f) reservation of land for community facilities and services ;
7. (g) proposals for designation of sites for service industries, industrial estates and any other development on an extensive scale ;
8. (h) preservation, conservation and development of areas of natural scenary and landscape ;
   • (i) preservation of features, structures or places of historical, natural, architectural and scientific interest and educational value 1[and of heritage buildings and heritage precincts] ;
9. (j) proposals for flood control and prevention of river pollution ;
10. (k) proposals of the Central Government, a State Government, Planning Authority or public utility undertaking or any other authority established by law for designation of land as subject to acquisition for public purpose or as specified in a Development plan, having regard to the provisions of section 14 or for development or for securing use of the land in the manner provided by or under this Act ;
11. (l) the filling up or reclamation of low lying, swampy or unhealthy areas or levelling up of land ;
12. (m) provisions for permission to be granted for controlling and regulating the use and development of land within the jurisdiction of a local authority 2[including imposition of fees, charges and premium, at such rate as may be fixed by the State Government or the planning Authority, from time to time, for grant of an additional Floor Space Index or for the special permissions or for the use of discretionary powers under the relevant Development Control Regulations, and also for imposition of ] conditions and restrictions in regard to the open space to be maintained about buildings, the percentage of building area for a plot, the location, number, size, height, number of storeys and character of buildings and density of population allowed in a specified area, the use and purposes to which buildings or specified areas of land may or may not be appropriated, the sub-division of plots, the discontinuance of objectionable users of land in any area in reasonable periods, parking space and loading and unloading space for any building and the sizes of projections and advertisement signs and boardings and other matters as may be considered necessary for carrying out the objects of this Act.

1[22A.Modifications of a substantial nature.- In section 31, the expression "of a substantial nature" used in relation to the modifications made by the State Government in the draft Development Plan means,-

1. (a) any modification to a reserved site resulting in reduction of its area by more than fifty per cent. or reduction of such amenity in that sector by an area of more than ten per cent. in the aggregate ;
2. (b) insertion of a new road or a new reservation or modification of a reserved site or a proposed road or a proposed road widening resulting in inclusion of any additional land not so affected previously ;
3. (c) change in the proposal of allocating the use of certain lands from one zone to any other zone provided by clause (a) of section 22, which results in increasing the area in that other zone by more than ten per cent. in the same planning unit or sector in a draft Development plan ;
4. (d) alteration in the Floor Space Index beyond ten per cent. of the Floor Space Index prescribed in the Development Control Regulation.]

1. (1) A planning Authority shall, before carrying out a survey and preparing an existing-land-use map of the area as provided in section 21, by a resolution make a declaration of its intention to prepare a Development plan; and shall despatch a copy of such resolution with a copy of a plan showing only the boundary of the entire area proposed to be included in the Development plan to the State Government. 1[The said Officer] shall also make a similar declaration and submit a copy thereof to the State Government. The Planning Authority or the said Officer, as the case may be, shall also publish a notice of such declaration in the Official Gazette, and also in one or more local newspapers in the prescribed manner, inviting suggestions or objections from the public within a period of not less than sixty days from the publication of the notice in the Official Gazette.
2. (2) A copy of the aforesaid plan shall be open to the inspection of the public at all reasonable hours at the head office of the Planning Authority and Local Authority.

1[Town Planning Officer.- Every Planning Authority shall, at the time of declaration of intention to prepare Development plan, resolve to appoint a person possessing such qualification as may be prescribed, to be the Town Planning Officer for carrying out survey of the area of a Planning Authority, preparing an existing-land-use map thereof and formulating proposals of Development plan of that area for submission to the Planning Authority. Thereafter, the Planning Authority shall, with the previous sanction of the State Government, appoint such person as a Town Planning Officer.]

After the declaration of intention of a Planning Authority or the said Officer to prepare a Development plan but not later than six months from the date of such declaration or not later than such further time as the State Government may from time to time extend, a Planning Authority or the said Officer shall carry out a survey of the lands within the jurisdiction of the Planning Authority and prepare an existing-land-use map indicating the existing use of land therein : 1[Provided that, the period so extended shall not in any case exceed one year in the aggregate.]

1. (1) Subject to the provisions of section 21, a Planning Authority, or the said Officer shall, not later than two years from the date of notice published under section 23, 1[prepare a draft Development plan and publish a notice in the Official Gazette, and in such other manner as may be determined by it stating that the Development plan has been prepared. The notice shall state the name of the place where a copy thereof shall be available for inspection by the public and that copies thereof or extracts therefrom certified to be correct shall be available for sale to the public at a reasonable price, and inviting objections and suggestions within a period of 3[thirty days] from the date of notice in the Official Gazette : 4[Provided that, in case of a Municipal Corporation having population of ten lakhs or more as per the latest census, the period for inviting objections and suggestions shall be sixty days from the date of notice in the Official Gazette:] 5[Provided further that], the State Government may, on an application of the Planning Authority, by an order in writing, and for reasons to be recorded from time to time extend the period for preparation 6[and publication of notice] of the draft Development plan.
   • (i) twenty-four months, in the aggregate, in case of Municipal Corporation having population of one crore or more, as per the latest census figures;
   • (ii) twelve months, in the aggregate, in case of Municipal Corporation having population of ten lakhs or more but less than one crore, as per the latest census figure ; and
   • (iii) six months, in the aggregate, in any other case.]
2. (2) 7[The notice shall also state that copies of the following particulars in relation to the draft Development plan are also available for inspection by the public and copies thereof, or extracts therefrom certified to be correct, are also available for sale to the public at a reasonable price at the place so named, namely :]
   • (i) a report on the existing-land-use map and the surveys carried out for the purpose of preparation of the draft plan ;
   • (ii) maps, charts and a report explaining the provisions of the draft Development plan ; 8[(ii-a) map showing the planning units or sectors unalterable till the Development plan is revised ;]
   • (iii) regulations for enforcing the provisions of the draft Development plan and explaining the manner in which the permission for developing any land may be obtained from the Planning Authority or the said officer, as the case may be ;
   • (iv) a report of the stages of development by which it is proposed to meet any obligation imposed on the Planning Authority by the draft Development plan ;
   • (v) an approximate estimate of the cost involved in acquisition of lands required by the Planning Authority for the public purposes, and also cost of works, as may be necessary.

Where any area within the jurisdiction of a Planning Authority is included in a Region, the Planning Authority or as the case may be, the said Officer shall have regard to, and be guided by, the proposals made in any draft Regional plan or any final Regional plan, as the case may be, while preparing the draft Development plan : Provided that, where the Planning Authority or the said Officer is of the opinion that any provision of a draft Regional plan or the final Regional plan, as the case may be needs any modification, the Planning Authority or as the case may be, the said Officer may carry out such modification-

1. (a) in the case of a draft Regional plan, with the concurrence of the Regional Board ; and
2. (b) in the case of a final Regional plan, with the approval of the State Government.

1. (1) Subject to the provisions of this Act, if within the time allowed under subsection (1) of section 26 any person communicates in writing to the Planning Authority or the said Officer any suggestion or objection relating to the draft Development plan, the Planning Authority or the said officer may, after considering the report of the Planning Committee under sub-section (2) and the suggestions or objections received by it or him, modify or change the plan in such manner as it or he thinks fit.
2. (2) The Planning Authority or the said Officer shall forward all objections and suggestions received by it to a Planning Committee 1[consisting of three members of the Standing Committee of the Planning Authority and such additional number of persons, not exceeding four, 2[appointed by the Direector of Town Planning having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both] for consideration and report : Provided that, where a Planning Authority is not a local authority, the Planning Committee shall consist of such members as the Planning Authority 3 * * * may determine: 4[Provided futher that, where the Divisional Joint Director or Deputy Director of the Town Planning and Valuation Department or an Officer nominated by him under subsection (4) of section 21, as the case may be, exercises the powers and perfoms the duties of the Planning Authority, then the Planning Committee may consist of such Divisional Joint Director or Deputy Director or, as the case may be, of such officer.] 5[6[Provided also that], where the State Government or any person or persons appointed under section 162, exercise the powers and perform the duties of a Planning Authority or Development Authority, then the Planning Committee may consist of the State Government or the person or persons so appointed:] 7[Provided also that, the Planning Committee contemplated in the preceding provisos shall also consist of such additional number of persons, not exceeding four, appointed by 8[the Director of Town Planning] having special knowledge or practical experience of matters relating to town and country planning or environment or relating to both].
3. (3) The Planning Committee, 9* * * * shall, on receipt of objections and suggestions, make such enquiry as it 10* * * may consider necessary, and give a reasonable opportunity of being heard to any person including representatives of Government departments who may have filed any objection or made any suggestions in respect of the draft Development plan and after considering the same, the Planning Committee shall submit its report to the Planning Authority or as the case may be, the said Officer 11[within a period of two months from the date of its appointment or within such extended period as the Planning authority may specify] 12* * *. 13[(4) Not later than two months, after the receipt of the report of the Planning Committee, the Planning Authority or the said officer shall consider the report including the objections and suggestions received by it or him and make a list of such modifications or changes and carry out the same in the draft Development plan, as it or he may consider proper. The Planning Authority or the said officer shall publish, in the Official Gazette and in not less than two local newspapers, the list of modifications or changes made in the draft Development plan for information of the public.]

1* * *

1. (1) The Planning Authority or as the case may be, the said Officer shall submit the draft Development Plan 1[along with the list of modifications or changes made in the draft Development plan under sub-section (4) of section 28 to the State Government for sanction within a period of six months] 2[from the date of publication of the notice in the Official Gazette regarding its preparation] under section 26 : 3[Provided that, the State Government may, on an application by a Planning Authority or the said officer, by an order in writing, and for adequate reasons which shall be recorded, extended from time to time, the said period by such futher period as may be specified in the order, but not in any case exceeding.-
   • (i) twenty-four months, in the aggregate, in case of Municipal Corporation having population of one crore or more, as per the latest census figures ;
   • (ii) twelve months, in the aggregate in case of Municipal Corporation having population of ten lakhs or more but less than one crore, as per the latest census figures ; and
   • (iii) six months, in the aggregate, in any other case.]
2. (2) The 4[particulars referred to in] sub-section (2) of section 26 shall also be submitted to the State Government.

1. (1) Subject to the provisions of this section, and not later than 1[six months] from the date of receipt of such plan from the Planning Authority, or as the case may be, from the said Officer, 2* * * * the State Government may, after consulting the Director of Town Planning by notification in the Official Gazette sanction the draft Development plan submitted to it for the whole area, or separatley for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft Development plan to the Planning Authority, or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan : 3[Provided that, the State Government may, if it thinks fit, whether the said period has expired or not, extend from time to time, by notification in the Official Gazette, the period for sanctioning the draft Development plan or refusing to accord sanction thereto, by such futher period not exceeding,-
   • (i) twenty-four months, in the aggregate, in case, the area of such Development plan falls in the jurisdiction of a Metropolitan Planning Committee constituted under the Maharashtra Metropolitan Planning Committee (Constitutions and Functions) (Continuance of Provisions) Act, 1999 (Mah. V of 2000) ;
   • (ii) twelve months, in the aggregate, in any other case, as may be specified in such notification:] 4[Provided further that, where the modifications proposed to be made by the State Government or submitted by the Planning Authority under section 30 and proposed to be approved by the State Government without any further change are of a substantial nature with respect to the draft Development plan published under section 26, the Government shall publish a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice : ] 5[Provided also that, if the Government does not publish its decision by notification in the Official Gazette, regarding sanctioning the draft Development plan submitted to it, for the whole area, or separately for any part thereof, either without modification, or subject to such modifications as it may consider proper, or return the draft Development plan to the Planning Authority, or as the case may be, the said Officer for modifying the plan as it may direct or refuse to accord sanction and direct the Planning Authority or the said Officer to prepare a fresh Development plan, within the period under this section, such draft Development plan shall be deemed to have been sanctioned as submitted to the Government under section 30, on the date immediately following the date of expiry of the period under this section : Provided also that, where any modification submitted by the Planning Authority or, as the case may be, the said Officer, under section 30 is of substantial nature with respect to the draft Development plan published under section 26, such modification shall not be deemed to have been sanctioned and the Government shall publish a notice regarding such modifications of substantial nature and the provisions relating to publication of the notice in the Official Gazette and two local newspapers for obtaining suggestions and objections as stipulated in the second proviso, shall apply.]
2. (2) The State Government may appoint an officer of rank not below that of a 6[Group A officer] and direct him to hear any such person in respect of such objections and suggestions and submit his report thereon to the State Government 7[within one year from the date of publication of notice under second proviso to sub-section (1)].
3. (3) The State Government shall before according sanction to the draft Development plan take into consideration such objections and suggestions and the report of the officer: 8[Provided that, the time-limits as provided in sub-sections (1) and (2) shall not apply for according sanction to the modifications published under sub-section (1) : Provided further that, the Government shall take final decision regarding such modifications within one year from the date of receipt of the report from the officer appointed under sub-section (2).]
4. (4) The State Government shall fix in the notification under sub-section (1) a date not earlier than one month from its publication on which the final Development plan shall come into operation. 9[(4A) The State Government may, by notification in the Official Gazette, delegate all the powers and functions under this section to the Director of Town Planning in such cases and subject to such conditions, if any, as may be specified in such notification.]
5. (5) If a Development plan contains any proposal for the designation of any land for a purpose specified in clauses (b) and (c) of section 22, and if such land does not vest in the Planning Authority, the State Government shall not include that purpose in the Development plan, unless it is satisfied that the Planning Authority will be able to acquire such land by private agreement or compulsory acquisition not later than ten years from the date on which the Development plan comes into operation.
6. (6) A Development plan which has come into operation shall be called the "final Development plan" and shall, subject to the provisions of this Act, be binding on the Planning Authority.

1. (1) Pending the preparation of a draft Development plan, a Planning Authority may, where it considers it expedient, and shall, when so directed by the State Government, prepare 1* * an interim Development plan for the entire area within the jurisdiction of the Planning Authority, or for any part thereof 2[and publish a notice in the Official Gazette and in such other manner as may be prescribed regarding its preparation]; and thereupon, the provisions of sections 25, 26, 27, 28, 3* * 30 and 31 shall, so far as may be, but subject to the provisions of this sections, apply in relation to such interim Development plan as they apply in relation to the preparation 4[and publication of notice] of a Development plan.
2. (2) The Planning Authority shall prepare 5[ such plan and publish the notice referred to in sub-section (1)] not later than one year from the date of notice in the Official Gazette of its declaration of intention to prepare a draft Development plan or not later than such further period not exceeding twelve months as may be extended by the State Government.
3. (3) The interim Development plan shall provide only for matters mentioned clauses (a), (b) and (c) of section 22, and if necessary, such other matters of that section as the Planning Authority may decide to include or as may be directed by the State Government.
4. (4) The interim Development plan shall consist of such maps and such descriptive matter as the Planning Authority may consider necessary to explain and illustrate the proposals made in such plan.

1. (1) Any time after 1[the publication of notice regarding preparation] of draft Development plan under section 26, a Planning Authority may prepare plan or plans showing proposals for the development of an area or areas which in the opinion of the Planning Authority should be developed or re-developed as a whole (hereinafter referred to as " the area or areas of Comprehensive development") ; and in particular, such plans shall provide for-
   • (a) detailed development of specific areas for urban renewal, housing, shopping centres, industrial areas, civic centres, educational and cultural institutions ;
   • (b) control of architectural features, elevation and frontage of buildings and structures ;
   • (c) dealing satisfactorily with areas of bad layout, obsolete development and slum areas and re-location of population ;
   • (d) open spaces, gardens, playgrounds and recreation areas.
2. (2) When the plans for an area or areas of Comprehensive development are prepared, whether or not separately, the Planning Authority shall follow the same procedure before submission of these plans to the State Government for sanction as is provided by sections 25, 26, 27, 28, 2* * 30 and 31 as respect a draft Development plan and submit such plan or plans from time to time to the State Government for sanction, along with a report-
   • (a) explaining the proposals and the stages of the development programme by which it is proposed to execute the plan or plans ;
   • (b) giving an appropriate estimate of the cost involved in executing the proposals of the plan or plans.
3. (3) The State Government may, after consulting the Director of Town Planning by notification in the Official Gazette, sanction the plan or plans for the area or areas of Comprehensive development either without, or subject to such, modifications as it may consider necessary not later than three months of the date of receipt of such plans from the Planning Authority or not later than such further period as may be extended by the State Government.

1. (1) If at any time after a Planning Authority has declared its intention to prepare a Development plan or after a Development plan prepared by a Planning Authority has been sanctioned, the jurisdiction of the Planning Authority is extended by inclusion of an additional area, the Planning Authority shall make a fresh declaration of intention to prepare a Development plan for the additional area; and after following the provisions of this Act for the preparation of a draft Development plan, 1[prepare a draft Development plan and publish a notice regarding its preparation], for such additional area either separately or jointly with the draft or final Development plan prepared or to be prepared for the area originally under its jurisdiction, and submit it to the State Government for sanction after following the same procedure as is followed for submission of a draft Development plan to the State Government : Provided that, where a draft Development plan for the additional area requires modification of the final Development plan or where the State Government directs any such modification, the Planning Authority shall revise the final Development plan after following the procedure laid down in section 38 so far as may be relevant.
2. (2) Where any area is withdrawn from the jurisdiction of a Planning Authority the proposals, if any, made for that area so withdrawn in a Development plan shall also be deemed to be withdrawn therefrom.

If any Planning Authority has prepared a Development plan which has been sanctioned by the State Government before the commencement of this Act, then such Development plan shall be deemed to be final Development plan sanctioned under this Act.

If any Planning Authority has prepared a draft Development plan for the area within its jurisdiction before the commencement of this Act, such Development plan shall be deemed to be a draft Development plan for that area for the purposes of this Act, and thereupon, the foregoing provisions of this Chapter in relation to the submission of draft Development plan to the State Government for sanction shall mutatis mutandis apply.

37. 1[Modification] of final Development plan.-(1) Where a modification of any part of or any proposal made in, a final Development plan 2 * * *, the Planning Authority may, or when so directed by the State Government 3[shall, within ninety days from the date of such direction, publish a notice in the Official Gazette4[and in such other manner as may be determined by it] inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice ; and shall also serve notice on all persons affected by the proposed modification and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any,) 5[to the State Government for sanction within one year from the date of publication of notice in the Official Gazette. If such modification proposal is not submitted within the period stipulated above, the proposal of modification shall be deemed to have lapsed: Provided that, such lapsing shall not bar the Planning Authority from making a fresh proposal.] 6[(1A) If the Planning Authority fails to issue the notice as directed by the State Government, the State Government shall issue the notice, and thereupon the provisions of sub-section (1) shall apply as they apply in relation to a notice to be published by a Planning Authority.] 7[(1AA)(a) Notwithstanding anything contained in sub-sections (1), (1A) and (2), where the State Government is statisfied that in the public interest it is necessary to carry out urgently a modification of any part of, or any proposal made in, a final Development plan of such a nature that it will not change the character of such Development plan, the State Government may, on its own, publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice and shall also serve notice on all persons affected by the proposed modification and the Planning Authority.

1. (b) The State Government shall, after the specified period, forward a copy of all such objections and suggestions to the Planning Authority for its say to the Government within a period of one month from the receipt of the copies of such objections and suggestions from the Government.
2. (c) The State Government shall, after giving hearing to the affected persons and the Planning Authority and after making such inquiry as it may consider necessary and consulting the Director of Town Planning, by notification in the Official Gazette, publish the approved modifications with or without changes, and subject to such conditions as it may deem fit, or may decide not to carry out such modification. On the publication of the modification in the Official Gazette, the final Development plan shall be deemed to have been modified accordingly.] 8[(1-B) Notwithstanding anything contained in sub-section (1), if the Slum Rehabilitation Authority appointed under section 3A of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 is satisfied that a modification of any part of, or any proposal made in, a final Development plan is required to be made for implementation of the Slum Rehabilitation Scheme declared under the said Act, then, it may publish a notice in the Official Gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice ; and shall also serve notice on all persons affected by the proposed modification, and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any) to the State Government for sanction.]

1. (2) The State Government may, 9[make such inquiry as it may consider necessary] and after consulting the Director of Town Planning by notification in the Official Gazette, sanction the modification 10* * * with or without such changes, and subject to such conditions as it may deem fit or refuse to accord sanction. If a modification is sanctioned, the final Development plans shall be deemed to have been modified accordingly.

1[37A. Power of State Government or Planning Authority to permit temporary change of user. - Notwithstanding anything contained in this Act or any other law for the time being in force, or in any judgement, order or direction of any Court or any draft or final Development plan, the State Government or the Planning Authority may, in respect of any plot of land reserved, designated or allocated for the purpose of playground in such draft or final Development plan, which is in the possession of the State Government or the Planning Authority, by an order issued from time to time, permit any organisation, body of persons or association to use such play-ground for functions organised on the occasions of Independence Day, Republic Day, Maharashtra Day and similar National events, and the Jayanties or Punnyatithies of National Leaders 2[, religious functions and public meetings], on terms and conditions specified by the State Government or the Planning Authority, as the case may be, in such order, for a period not exceeding 12 days at a time and 5[in any case not exceeding forty-five days in the aggregate, in a calender year] ; and such use shall not be deemed to be a change of user:] 4[Provided that, temporary use of any plot of land, reserved, designated or allocated for the purpose of play-ground, for management of any disaster or emergency such as Helipad or other essential use, shall also not be deemed to be a change of user.]

At least once in 1[twenty years] from the date on which a Development plan has come into operation, and where a Development plan is sanctioned in parts, then at least once in 2[twenty years] from the date on which the last part has come into operation, a Planning Authority may 3[and shall at any time when so directed by the State Government], revise the Development plan 4[(either wholly, or the parts separately)] after carrying out, if necessary, fresh survey and preparing an existing-land-use map of the area within its jurisdiction, and the provisions of sections 5* * * 22, 23, 24, 25, 26, 27, 28, 6* * 30 and 31 shall, so far as they can be made applicable, apply in respect of such revision of the Development plan.

Where a final Development plan contains proposals which are in variation, or modification of those made in a town planning scheme which has been sanctioned by the State Government before the commencement of this Act, the Planning Authority shall vary such scheme suitably under section 92 to the extent necessary by the proposals made in the final Development plan.

1[40. Special Planning Authority for developing certain 2[notified areas].- (1) The State Government may, by notification in the Official Gazette 3* * * for any undeveloped area specified in the notification in this Act referred to as the notified area either-

1. (a) 4[constitute an authority consisting of] a Chairman, a Vice-Chairman, a member of the Maharashtra Legislative Assembly representing the notified area, one member representing the municipal area, if any, included in the notified area, the Deputy Director of Town Planning, and the Executive Engineer, Public Health Works Division, each having jurisdiction over the notified area, and an officer not below the rank of an Assistant Collector; or 5[(aa) appoint the Authority constituted under the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977) or]
2. (b) appoint any Development Authority declared under sub-section (3A) of section 113, 6[or
3. (c) appoint the Bombay Metropolitan Region Development Authority establish under the Bombay Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975) to be the Special Planning Authority for developing the notified area.] 7[(1A) Notwithstanding anything contained in sub-section (1), any area where Chapter VI of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962) (hereinafter, in this section, referred to as "the said Act"), applies, or any other area comprising Government land handed over to the Maharashtra Industrial Development Corporation established under section 3 of the said Act, shall be deemed to be "the notified area"; and the Maharashtra Industrial Development Corporation shall be the Special Planning Authority in respect of such notified area, and shall be deemed to have been appointed as such under this section for the purposes of this Act : Provided that, at any time, as provided in the first proviso to sub-section (3) of section 1 of the said Act, where the State Government by notification in the Official Gazette, directs that the said Chapter VI shall cease to be in force in that area or any part thereof, from the date specified in such notification, then from such date, the said area or part thereof, as the case may be, shall cease to be the notified area and the Maharashtra Industrial Development Corporation shall cease to be the Special Planning Authority for the purposes of this Act for such area or part thereof : Provided further that, the provisions of clauses (e) and (f) of sub-section (3) or of sections 116, 117, 126, 127 and Chapter VIII shall not be applicable to such Special Planning Authority.] 8[(1B) Notwithstanding anything contained in sub-section (1), the State Government may, by notification in the Official Gazette, appoint any agency or authority created by or in accordance with Government order or instrument, or any company or corporation established by or under any State or Central law, to be the Special Planning Authority for any notified area.]

1. (2) The Chairman and Vice-Chairman of the Special Planning Authority constituted under clause (a) of sub-section (1) shall be appointed by the State Government ; but if any municipal area forms part of any notified area, then the President of the Municipal Council of such municipal area shall be the Vice-Chairman. The Officer not below the rank of an Assistant Collector shall be the Secretary and Chief Executive Officer.
2. (3) 9[The] provisions of Chapter VI of this Act shall, subject to the provisions of this section and section 41, apply mutatis mutandis to the Special Planning Authority as they apply in relation to a Development Authority, as if the notified area were a new town subject to the following modification, namely :-
   • (a) in section 113-
     • (i) in sub-section (6), after the words "Regional Board" the words and figure "with the modification that section 8 shall not apply in relation to notified area" shall be added ;
     • (ii) to sub-section (8), the following proviso shall be added, namely :- "Provided that, it shall not be necessary for a Special Planning Authority to make any development plan or town planning scheme for any notified area for the purpose of carrying out its objects under this Act. It may submit its proposals for the development of the land in the notified area (being land either vesting in it or land which has been acquired or is proposed to be acquired under section 116) as provided in section 115." ;
   • (b) section 113A shall be omitted ;
   • (c) in section 114,-
3. (1) in sub-section (1),-
   • (i) the words, figures and letter "subject to the provisions of section 113A" shall be omitted ;
   • (ii) in the proviso, for the words, brackets and figures "constituted under sub-section (2) of section 113" the words,", unless empowered by the State Government so to do," shall be substituted ;
4. (2) in sub-section (2), in the proviso, in clause (a), for the portion beginning with the word "constituted" and ending with the words "such Authority", the following shall be substituted, namely :- "and if both the Chairman and Vice-Chairman are not available, with such officer or officers as may be authorised by such Authority.";
   • (d) for section 115, the following shall be substituted, namely :- "115. Planning and control in notified area.- 10[(1)] A Special Planning Authority shall, from time to time, submit to the State Government its proposals for the development of land (being land either belonging to, or vesting in, it or acquired or proposed to be acquired under section 116), and the State Government may, after consultation with the Director of Town Planning, approve such proposals either with or without modification. 11[(2) Before submitting the proposals to the State Government, the Special Planning Authority shall carry out a survey and prepare an existing land-use map of the area, and prepare and publish the draft proposals for the lands within its jurisdiction together with a notice in the Official Gazette and local newspapers in such manner as the Special Planning Authority may determine, inviting objections and suggestions from the public within a period of not more than 30 days from the date of notice in the Official Gazette. The Special Planning Authority may, if it thinks fit, give individual notices to persons affected by the draft proposals.
5. (3) The Special Planning Authority may after duly considering the objections or suggestions, received by it, if any, and after giving an opportunity, to persons affected by such draft proposals of being heard modify its proposals, if necessary, and then submit them to the State Government for its approval. The orders of the State Government approving such proposals shall be published in the Official Gazette.]";
   • (e) for section 116, the following shall be substituted, namely :- "116. Power of Special Planning Authority to acquire land in notified area.- Every Special Planning Authority shall have all the powers of a Planning Authority under this Act as provided in Chapter VII for the purposes of acquisition of such land in the notified area as it considers to be necessary for the purpose of development in that area either by agreement or 12[under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013], or any land adjacent to such area which is required for the development of the notified area and land whether adjacent to that area or not which is required for provision for services or amenities for the purposes of the notified area".;
   • (f) for section 117, the following shall be substituted, namely :- "117. Obligation to purchase land in notified area.- Where any land has not been acquired within a period of ten years from the date of a notification under sub-section (1) of section 40, any owner of the land may, by notice in writing served on the Special Planning Authority, require it to acquire his interest therein ; and thereupon, the provision of section 127 providing for lapsing of reservations shall apply in relation to such land as they apply in relation to land reserved under any plan under this Act.";
   • (g) in section 122, in sub-section (1), the words, brackets and figures "constituted under sub-section (2) of section 113" shall be omitted.
6. (4) In preparing and submittting its proposals for developing any land under section 115 and in approving them under that section, the Special Planning Authority and the State Government shall take particular care to take into consideration the provisions of any draft or final Regional Plan, draft or final development plan; or any draft or final town planning scheme, or any building bye-laws or regulations, which may already be in force in the notified area or in any part thereof.
7. (5) Where any proposals for development of any land are approved by the State Government under section 115, the provisions of the proposals approved by the State Government shall be final, and shall prevail, and be deemed to be in force, in such notified area; and to that extent the provisions of any such plan or scheme applicable to and in force in the notified area or any part thereof shall stand modified by the proposals approved by the State Government.]

1. (1) The State Government shall by an order in writing determine the amount which a local authority or each of the local authorities in respect of whose area the Special Planning Authority has been constituted shall pay as contribution either in lump sum or in such instalments as may be specified in the order, for meeting the expenses of the Special Planning Authority for the purposes of this Act.
2. (2) Not later than thirty days of the receipt of the order under sub-section (1), the local authority or local authorities shall pay to the Special Planning Authority the amount of contribution specified in the order in the manner indicated therein : Provided that, where the local authority or authorities fail to pay such amount of contribution the State Government shall, on receipt of necessary intimation from the Special Planning Authority, recover it from the local authority or authorities and pay it to the Special Planning Authority. 1[lf any 2[local authority] fails to pay any sum under sub-section (1), the State Government may make an order directing any person who for the time being has custody of any moneys on behalf of the 3[local authority] as its officer, treasurer, banker or otherwise to make the payment from such moneys as he may have in his hands or may from time to time receive either in one instalment or in any such number of instalments as may be specified in the order ; and such person shall be bound to obey the order. Every payment made pursuant to such order shall be a sufficient discharge to such person from all liability to 4[local authority] in respect of any sum or sums so paid by him out of the money of the 5[local authority] held or received by him.]

On the coming into operation of any plan or plans referred to in this Chapter, it shall be the duty of every Planning Authority to take such steps as may be necessary to carry out the provisions of such plan or plans.